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A78637 His Majesties answer, to a printed book, intituled, A remonstrance, or the declaration of the Lords and Commons now assembled in Parliament, 26. May 1642 In answer to a declaration under His Majesties name, concerning the business of Hull. England and Wales. Sovereign (1625-1649 : Charles I); Charles I, King of England, 1600-1649. 1642 (1642) Wing C2105; ESTC R229539 17,902 16

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can result but confusion to King and people will find any credit with our good Subjects and that so excellent a Law made both for security of King and people shall be so eluded By an Interpretation no learned Lawyer in England will at this houre We believe set under his hand notwithstanding the Authority of that Declaration which wee hope shall bring nothing but infamy upon the Contrivers of it Now to their priviledges Though it be true they say That their priviledges doe not extend to Treason Felony or breach of the Peace so as to attempt Members from all manner of Proces and Triall yet it doth priviledge them in the way or method of their Triall the Cause must be first brought before them and their Consent asked before you can proceed Why then their priviledges extend as farre in these cases as in any that are most unquestioned for no priviledge whatsoever exempts them from all manner of Proces and Triall if you first acquaint the House with it and they give you leave to proceed by those Proces or to that Triall But by this Rule if a Member of either House commit a Murther you must by no meanes meddle with him till you have acquainted that House of which he is a Member and received their direction for your proceeding assuring your selfe He will not stirre from that place where you left him till you returne with their consent Should it be otherwise it would be in the power of every man under pretence of Murther to take one after another and as many as he pleaseth and so consequently bring a Parliament to what he pleaseth when he pleaseth If a Member of either House shall take a Purse at Yorke he may as probably take a Purse from a Subject as Armes against his King you must ride to London to know what to doe and he may ride with you and take a new Purse every Stage and must not be apprehended or declared a Felon till you have asked that House of which he is a Member Should it be otherwise it might be in every mans power to accuse as many Members as he would of taking Purses and so bring a Parliament and so all Parliament to nothing Would these men be beleeved And yet they make no doubt But every one who hath taken the Protestation will defend this Doctrine with his Life and Fortune Will not Our Subjects beleeve That they have imposed a pretty Protestation upon them and that they had a very good end in the doing it if it obligeth them to such hazards to such undertakings Must they forget or neglect Our Person Honour and Estate which by that Protestation they are bound to defend and in some degree do understand and must they onely venture their Lives and Fortunes to justifie Priviledges they know not or ever heard of before Or are they bound by that Protestation to beleeve That the Framers of that Declaration have power to extend their owne Priviledges as farre as they think fit and to contract Our Rights as much as they please and that they are bound to beleeve them in either and to venture their Lives and Fortunes in that quarrell From Declaring how meane a person we are and how much the Kingdom hath been mistaken in the underdanding of the Statute of 25. E. 3. concerning Treason and that all men need not fear leavying War against us so they have their order to warrant them they proceed in the spirit of declaring to certifie our Subjects in the mistakings which neer one hundred and fiftie years have been received concerning the Statue of the eleventh year of H. 7. cap. 1. a Stature our good Subjects will read with comfort and tell them that the serving of the King for the time being cannot be meant of Perkin Warbeck or of any that should call himself King but Such a one as is allowed and received by the Parliament in the behalf of the Kingdom And are we not so allowed However through a dark mist of words and urging their old Priviledges which we hope we have sufficiently answered and will be every day more confuted by the actions of our good Subjects they conclude That those that shall guide themselves by the judgement of Parliament which they say is their own ought whatsoever happen to be secure and free from all all account and penalties upon the ground and equity of that very Statute How far their own Chancellors may help them in that equitie We know not but by the help of God and that good Law we shall allow no such equitie So then here is the Doctrine of that Declaration and these are the Positions of the Contrivers of it 1. That they have an absolute power of declaring the Law and that what soever they declare to be so ought not to be questioned by our self or any Subject so that all Right and safety of us and our people must depend upon their pleasure 2. That no Presidents can be limits to bound their proceedings so they may do what they please 3. That a Parliament may dispose of any thing wherein the King or Subject hath a right for the publike good That they without the King are this Parliament and Iudge of this publike good and that our consent is not necessary so the life and libertie of the Subject and all the good Laws made for the security of them may be disposed of and repealed by the major part of both Houses at any time present and by any wayes and means procured so to be and we have no power to protect them 4. That no Member of either House ought to be troubled or medled with for Treason Felony or any other crime without the cause first brought before them that they may judge of the fact and their leave obtained to proceed 5. That the soeveraigne power resides in both Houses of Parliament and that we have no negative voyce so then we our self must be subject to their commands 6. That the leavying of forces against te personall commands of the King though accompanied with his presence is not leavying war against the King but the leavying war against his Laws and authority which they have power to declare and signifie though not against his person is leavying war against the King and that Treason cannot be committed against his person otherwise then as he is intrusted with the Kingdom and discharging that trust and that they have a power to judge whether he discharge this trust or no. 7. That If they should makethe highest Presidents of other Parliaments their Patitions there would he no cause to complain of want of modesty or Duty in them That is They may Depose us when they will and are not to be blamed for so doing And now as if the meer publishing of their Resolutions would not onely prevail with the people but in the instant destroy all spirit and courage in us to preserve our own right and honour they have since taken the boldnesse to assault us with certain Propositions which they call The most necessary effectuall means for the removing those Iealousies and Differences between us and our People That is that we will be content to direst our self of all our Regall Rights and Dignities be content with the Title of a King and suffer them according to their Discretion to govern us and the Kingdom and to dispose of our Children how suteable and agreeable this Doctrine and these Demands are to the affection of our loving Subjects under whose Trust these men pretend to say and do these monstrous things and to designe not onely the ruine of our Person but of Monarchy it self which we may justly say is more then ever was offered in any of our predecessors times for though the Person of the King hath been sometimes unjustly deposed yet the Regall power was never before this time strucken at we beleeve our good Subjects will finde some way to let them and the World know and from this time such who have been mis-led by their ill Counsels to have any hand in the execution of the Militia will see to what ends their Service is designed and therefore if they shall presume hereafter to meddle in it they must expect that we will immediately proceed against them as actuall raisers of sedition and as enemies to our soveraign power We hane done and shall now expect the worst actions these men have power to commit against us worse words they cannot give us and we doubt not but the major part of both Houses of Parliament when they may come together with their honour and safety as well those who were surprised at the passing of it and unstood not the Malice in it and the confusion that must grow by it if beleeved as those who were absent or involved will so far resent the Indignitie offered to us the dishonour to themselves and the mischief to the whole Kingdom by that Declaration that they will speedily make the foul Contrivers of it instances of their exemplarie Iustice and brand them and their Doctrine with the Marks of their perpetuall Scorn and Indignation FINIS
HIS MAJESTIES ANSWER To a Printed Book INTITULED A REMONSTRANCE OR THE Declaration of the Lords and Commons now assembled in PARLIAMENT 26. May 1642 In answer to a Declaration under His Majesties Name concerning the businesse of HULL Printed at York And Re-printed at London for William Ley 1642. His Majesties Answer to a printed Book intituled A Remonstrance or the Declaration of the Lords and Commons now assembled in Parliament the 26. of May 1642. In Answer to a Declaration under His Majesties Name concerning the businesse of Hull THough whosoever looks over the late Remonstrance intituled A Declaration of the Lords and Commons of the 26. of May will not think We have much reason to be pleased with it yet We cannot but commend the plain dealing and ingenuity of the Framers and Contrivers of that Declaration which hath been wrought in a hotter and quicker Forge then any of the rest who would no longer suffer Us to be affronted by being told They would make Vs a great and glorious King whilest they used all possible skill to reduce Us to extreame Want and Indigency and that They would make Vs to be loved at home and feared abroad whilest they endeavoured by all possible wayes to render Us odious to Our good Subjects and contemptible to all forreign Princes but like Round-dealing men tell Us in plain English That they have done Us no wrong because We are not capable of receiving any and That they have taken nothing from Us because Wee had never any thing of Our owne to lose If this Doctrine be true and that indeed We ought to be of no other consideration then they have informed Our people in that Declaration that Gentleman is much more excusable that said publikely unreproved That the happinesse of this Kingdome doth not depend on Vs or upon any of the Royall Branches of that Root And the other who said We were not worthy to be King of England Language very monstrous to be allowed by either House of Parliament and of which by the help of God and the Law We must have some Examination But We doubt not all Our good Subjects do now plainly discern through the Mask and Visard of their hipocrisie what their Designe is and will no more look upon the Framers and Contrivers of that Declaration as upon both Houses of Parliament whose freedom and just Priviledges Wee will alwaies maintain and in whose behalf We are as much slandered as for Our Self but as a Faction of Malignant Schismaticall and Ambitious Persons whose designe is and alwaies hath been to alter the whole frame of Government both of Church and State and to subject both King and People to their own Lawlesse Arbitrary power and Government of whose Persons and of whose Designe We shall within a very short time give Out good Subjects and the world a full and We hope a satisfactory Narration The Contrivers and Penners of that Declaration of whom We would be onely understood to speak when Wee mention any of their undutifull acts against Us tell you That the great Affaires of this Kingdom and the miserable and bleeding condition of the Kingdom of Ireland will afford them little leisure to spend their time in Declarations Answers and Replies Indeed the miserable and deplorable condition of both Kingdoms would require somewhat else at their hands But We would gladly know how they have spent their time since their Recesse now almost eight moneths but in Declarations Remonstrances and Invectives against Vs and Our Government or in preparing matter for them Have We invited them to any such expence of time by beginning Arguments of that nature Their leisure or their Inclination is not as they pretend And what is their Printing and Publishing their Petitions to Vs their Declarations and Remonstrances of Us their odious Votes and Resolutions sometimes of one sometimes of both Houses against Us never in this manner communicated before this Parliament but an Appeale to the People And in Gods Name let them judge of the Persons they have trusted Their first Quarrell is as it is alwayes to let them into their franck Expressions of Vs and Our Actions against the Malignant Party whom they are pleased stil to call and never to prove to be Our evill Counsellors but indeed nothing is more evident by their whole Proceedings then that by the Malignant Party they intend all the Members of both Houses who agree not with them in their Opinion hence have come their distinction of good and bad Lords of Persons ill affected of the House of Commons who have bin proscribed and their Names Listed and read in Tumults and all the Persons of the Kingdome who approve not of their actions So that if in truth they would be ingenuous and name the Persons they intend who would be the Men upon whom that Imputation of Malignity would be cast but they who have stood stoutly and immutably for the Religion the Liberties the Lawes for all publike Interests so long as there was any to be stood for they who have alwayes beene and are as zealous Professors and some of them as able and earnest Defendors of the Protestant Doctrine against the Church of Rome as any are who have often and earnestly besought Vs to consent that no Indifferent and Vnnecessary Ceremony might be pressed upon weake and tender Consciences and that Wee would agree to a Bill for that purpose they to whose Wisdome Courage and Councell the Kingdome oweth as much as it can to subjects and upon whose unblemished Lives Envy it selfe can lay no Imputation nor endeavoured to lay any untill their Vertues brought them to Our Knowledge and Favour Let the Contrivers of this Declaration be faithfull to themselves and consider all those Persons of both Houses whom they in their Consciences know to dissent from them in the Matter and Language of that Declaration and in all those undutifull actions of which we complaine and will they not be found in Honour Fortune Wisdome Reputation and Weight if not in number much Superiour to them So much for the Evill Councellors Now what is the Evill Councell it selfe Our comming from London where We and many whose affections to Vs are very eminent were in danger every day to be torne in peices to Yorke where We and all such who will put themselves under Our Protection may live Wee thanke God and the loyalty and affection of this good people very securely Our not submitting Our Selfe absolutely and renouncing Our owne Vnderstanding to the Votes and Resolutions of the Contrivers of that Declaration when they tell Vs They are above Vs and may by our owne Authority doe with Vs what they please and Our not being contented that all Our good subjects Lives and Fortunes shall be disposed of by their Votes but by the knowne Law of the land This is the evill Councell given and taken And will not all Men beleeve there needs much power and skil of the Malignant Party to infuse this
Councell into Vs And now apply the Argument the Contrivers of that Declaration makes for themselves Is it probable or possible that such men whom We haue mentioned who must have so great a share in the misery should take such pains in the procuring thereof and spend so much time and run so many hazards to make themselves Slaves and to ruine the Freedome of this Nation We say with a clear and upright Conscience to God Almighty Whosoever harbours the least thought in his breast of ruining or violating the publike Liberty or Religion of this Kingdome or the just Freedome and Priviledge of Parliament let him be accursed and hee shall be no Councellour of Ours that will not say Amen For the contrivers of that declaration We have not said any thing which might imply any inclination in them to be Slaves that which Wee have charged them is with invading the publike Liberty and Our Presumption may be very strong and vehement that though they have no mind to bee Slaves they are not unwilling to bee Tyrants What is Tyrannie but to admit no Rule to governe by but their owne wils And We know the misery of Athens was at the highest when it suffered under the thirty Tyrants If that Declaration had told Vs as indeed it might and as in Iustice it ought to have done that the Presidents of any of our Ancestors did fall short and much below what hath beene done by Vs this Parliament in point of Grace and Favour to Our People Wee should no otherwise have wondred at it then at such a truth in such a place But when to justifie their having done more then ever their Predecessors did it tels Our good Subjects as most injuriously most insolently it doth That the highest and most unwarrantable Presidents of any of Our Predecessors doe fall short and much below what hath beene done to them this Parliament by Vs Wee must confesse Our selfe amazed and not able to understand them And We must tel those ungratefull Men who dare tell their King That they may without want of Modesty and Duty depose him That the condition of Our Subjects when by whatsoever Accidents and Conjunctures of time it was at worst under Our power unto which by no default of Ours they shall be ever againe reduced was by many degrees more pleasant and happy then that to which their furious pretence of Reformation hath brought them Neither are we afraid of the highest Presidents of other Parliaments which these men boldly Our good subjects will call it worse tell Vs They might without want of Modesty and Duty make their Patterns If We had no other security against those Presidents but their Modesty and Duty Wee were in a miserable condition as all persons will bee who depend upon them That Declaration will not allow Our Inference That by avowing the Act of Sir Iohn Hotham they doe destroy the Title and Interest of all Our Subjects to their Lands and Goods but confesseth if they were found guilty of that charge it were indeed a very great crime And doe they not in this Declaration admit themselves guilty of this very Crime Doe they not say Who doubts but that a Parliament may dispose of any thing wherein VVee or Our Subjects have a Right in such a way as that the Kingdome may not be in danger thereby Doe they not then call themselves This Parliament and challenge this Power without Our consent Doe they not extend this Power to all Cases where the necessity or the common good of the Kingdome is concerned and doe they not arrogate unto themselves alone the judgement of this Danger this Necessity this Common Good of the Kingdome What is if this be not to unsettle the Security of all mens Estates and to expose them to an arbitrary Power of their owne If a Faction shall at any time by Cunning or Force or absence or accident prevaile over a major part of both Houses and pretend that they are Evill Councellors a Malignant Party about the King by whom the Liberty and Religion of the Kingdome are both in danger This they may doe they have done it Then they may take away be it from the King or People whatsoever they in their judgements shall thinke fit This is lawfull they have declared it so Let the world judge whether We charge them unjustly and whether they are not guilty of the Crime which themselves confesse being proved is a great one and how safely We might commit the Power these people desire into their hands who in all probability would be no sooner possessed of it then they would revive that Tragedie which Master Hooker relates of the Anabaptists in Germany who talking of nothing but Faith and of the true Feare of God and that Riches and Honour were vanity at first upon the great Opinion of their Humility Zeal and Devotion procured much Reverence and Estimation with the people After finding how many persons they had ensnared with their Hypocrisie they began to propose to themselves to reforme both the Ecclesiasticall and Civill Government of the State Then because possibly they might meet with some Opposition they secretly entred into a League of Association and shortly after finding the power they had gotten with the credulous People enriched themselves with all kind of spoyle and pillage and justified it upon our Saviours promise The meeke shall inherite the earth and declared their Title was the same which the righteous Israelites had unto the goods of the wicked Egyptians This Story is worth the reading at large and needs no application But Wee must by no meanes say That We have the same Title to Our Towne of Hull and the Ammunition there as any of Our Subjects have to their Lands or Money That 's A Principle that puls up the Foundation of the Liberty and Property of every Subject Why pray Because the Kings Property in his Townes and in his Goods bought with the publike Money as they conceive Our Magazine at Hull was is inconsistent with the Subjects Property in their Lands Goods and Liberty Doe these men think That as they assume a power of Declaring Law and whatsoever contradicts that Declaration breaks their Priviledges so that they have a power of declaring Sense and Reason and imposing Logick and Syllogismes on the Schooles as well as Law upon the People Doth not all mankind know That severall man may have severall Rights and Interests in the selfe same House and Land and yet neither destroy the other Is not the Interest of the Lord Paramont consistent with that of the Mesme Lord and his with that of he Tenant and yet their Properties and Interests not at all confounded And why may not Wee then have a full Lawfull Interest and Property in Our Town of Hull and yet Our Subjects have a Property in their Houses too But We cannot sell or give away at Our pleasure Our Towns and Forts as a private man may do his Lands or Goods
theirs at Kingston upon Hull is very different What is meant by the drawing of swords at York and demanding who would be for the King must bee inquired at London for We believe very few in York understand the meaning of it For Our going to Hull which they will by no meanes endure shall be called a Visit whether it were not the way to prevent rather then to make a Civill Warre is very obvious And the declaring him a Traitor in the very Act of his Treason will never be thought unseasonable but by those who believe him to be a loving and loyall Subject no more then the endeavouring to make the Gentlemen of this County sensible of that Treason which they are in an honourable and dutifull degree before We received Our Answer from both Houses of Parliament For if they had been as We expected they should have been sensible of that intollerable injury offered to Vs might not We have had occasion to have used the affection of these Gentleman Were we sure that Sir John Hotham who had kept Vs out without their Order Wee speake of a publike Order would have let Vs in when they had bidden him And if they had not such a sense of Vs as the Case falls out to be had We not more reason to make Proposition to those Gentlemen whose readinesse and affection We or Our Posterity shall never forget But this businesse of Hull sticks still with them and finding Our Questions hard they are pleased to Answer Vs by asking Vs other Questions No matter for the Exceptions against the Earle of Newcastle which have beene so often urged as one of their principall Grounds of their Feares and Iealousies and which drew that Question from us they aske Vs Why since We held it necessary that a Governour should bee placed in Hull Sir Iohn Hotham should be refused by Vs and the Earle of Newcastle sent downe We answer Because we had a better Opinion of the Earle of Newcastle then of Sir Iohn Hotham and desired to have such a Governour over Our Townes if Wee must have any as should keep them for and not against Vs And if his going downe were in a more private way then Sir John Hothams it was because We had that Authority to make a noyse by Leavying and Billetting of Souldiers in a peaceable Time upon Our good Subjects as it seems Sir John Hotham carried downe with him And the Imputation which is cast by the way upon that Earle to make his Reputation 〈…〉 thought was not Ground enough for a Judiciall Proceeding it is wonder it was not was yet Ground enough of Suspition must be the Case of every Subject in England and we wish it went no higher If every vile Aspertion contrived by unknowne hands upon unknown or unimaginable Grounds which is the way practised to bring any vertuous and deserving men into obloquy shall receive the least credit or countenance in the world They tell us their Exception to those Gentlemen who delivered their Petition to to us at York was That they presumed to take the stile upon them of all the Gentry and Inhabitants of that County whereas they say so many more of as good Quality as themselves of that County were of another opinion and have since by their Petition to Vs disavowed that Act Their Information in that point is no better then it useth to be and and they will find that neither the number or the quality of those who have or will disavow that Petition are as they imagine though too many weak persons are missed which they doe and will every day more understand by the Faction Skill and Industry of that true Malignant Party of which wee doe and have reason to complaine They say they Have received no Petition of so strange a nature what nature Contrary to the Votes of both Houses that is they have received no Petition they had no mind to receive But we told them and we tell them againe and all our good Subjects will tell them that they have received Petitions with joy and approbation against the votes of both Houses of their Predecessors confirmed and established into Lawes by the consent of Vs and our Ancestors and allowed those Petitions to carry the Stile and to seem to carry the desires o● Cities Townes and Counties when of either Citty Towne or County very few knowne or considerable persons have been privy to such Petitions whereas in truth the Petitions delivered to Vs against which they except carried not the Stile of All but Some of the Gentry and Inhabitants and implyed no other consent then such as went visibly along with it But we are all this while in a mistake The Magazine at Hull is not taken from us Who told you so They who assure you and whom without breaking their priviledges you must believe that Sir Lo Hothams shutting the gates against us and resisting our entrance with armed men though we thought it in defiance of us was indeed in obedience to us and our Authority and for our Service and the Service of the Kingdome He was to let none in but such as came with our Authority signified by both Houses of Parliament himselfe and they had ordered it so and therefore he kept us out onely till We or he might send for their directions We know not whether the Contrivers of that Declaration meant that our good Subjects should so soone understand though it was plain enough to be understood the meaning of the Kings authority signified by both ho●ses of Parliament But sure the world will now easily discerne in what miserable case we had by this time been 't is bad enough as it is if we had consented to their Bill or to their Ordinance of the Mili ia and given those men power to have raised all the Armes of the Kingdome against us for the common good by our owne Authority would they not as they have kept us from Hull by this time have beaten us from York and pursued us out of the Kingdome in our owne behalfe Nay may not this Munition which is not taken from us be imployed against us Nor against our Authority signified by both Houses of Parliament but onely to kill those ill Councellors the Malignant Party which is about us and yet for our good for the publike good they will declare it so and so no Treason within the Statute of 25. of Ed. the 〈…〉 hath left us the King of England absolutely 〈…〉 lesse provided for in point of safety then the meanest Subjest of the Kingdome and every Subject of this Land for whose security that Law was made that they may know their duty and their danger in breaking it may bee made a Traytor when these men please to say He is so But doe they think that upon such an Interpretation upon pretence of Authority of Book-Cases and Presidents which without doubt they would have cited if they had been to their purpose out of which nothing